Court of Appeal Rules in Landmark Religious Belief Case

The Court of Appeal delivered a highly anticipated ruling in Higgs v Farmor’s School, siding with the claimant in a case that tested the boundaries between religious beliefs and workplace discrimination.

Case Background

The claimant, a Christian secondary school counsellor, was dismissed for gross misconduct over Facebook posts criticising relationship education in primary schools, particularly regarding transgender issues.  She argued that her dismissal was discriminatory based on her religious beliefs, including:

• A lack of belief that someone can change their biological sex.
• A belief that marriage is between a man and a woman.

Court of Appeal’s Decision

The Court handed down its judgement in February and ruled in favour of the claimant, with Underhill LJ outlining key legal principles:

1. Direct Discrimination – Dismissing an employee solely for expressing a religious or protected belief is unlawful under the Equality Act.
2. Justification for Dismissal – If the dismissal is due to the manner in which the belief was expressed (rather than the belief itself), it must be objectively justified as a proportionate response.
3. Legal Framework – The decision aligns the Equality Act with the European Convention on Human Rights, making this legal approach valid.
4. Protected Beliefs – The Court confirmed that the claimant’s gender-critical and traditional marriage views are protected under the Equality Act.
5. School’s Justification Rejected – The school argued that the claimant’s posts were offensive and could damage its reputation. However, since she had not expressed these views at work or treated students unfairly, her dismissal was not justified.

What This Means for Employers 

This ruling reinforces that beliefs – even controversial ones – are protected, and employers must carefully justify any action taken against employees for expressing them. Workplace policies must balance inclusivity, free speech, and reputational concerns within legal limits.

Please get in touch if you have any questions regarding the issues discussed in this article.

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